N. Ananda, J : The respondents (hereinafter referred to as accused No.1 and 2) were tried for an offence punishable under Section 304-A IPC, in C.C.No.18336/2000 and they were acquitted. Therefore, the State has filed this appeal.

2. I have heard the State Public Prosecutor for the State and learned Counsel for respondents.

3. In brief, the case of prosecution is as follows:

During the year 1999, accused No.2-Dr.K.M.Rajagopal was the proprietor of Lakshmi Nursing Home, situated in Sheshadripuram at Bangalore. Accused No.1-Dr.S.Vijayalaxmi was the Consulting Gynecologist and Visiting Doctor of Lakshmi Nursing Home.

4. In the year 1999, PW.1-Mala Prasad (wife of PW.2- R.A.Prasad) had conceived and she visited Lakshmi Nursing Home during her pregnancy. She was carrying nine months pregnancy. On 03.11.1999, PW.1 was admitted in Lakshmi Nursing Home. She was being treated by accused No.2. Accused No.1 and 2 had decided that PW. 1 shall undergo natural delivery however, on 04.11.1999, it was noticed that the fetus (unborn child) in the womb of PW. 1 was dead due to Retro-placental clot of about 59 ml. Accused No.1 and 2 informed PW's. 1 and 2 about the death of child. On 05.11.2009,